2004 Legislation
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HOUSE BILL NO. 477 – Property tax, manuf home/agric land

HOUSE BILL NO. 477

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Bill Status



H0477...............................................by REVENUE AND TAXATION
PROPERTY TAX - Repeals, adds to and amends existing law to delete the
method of assessment for certain manufactured homes under a dealer's plate
or as a sheep and cow camp; to exempt from taxation certain manufactured
homes used under a dealer's plate or as a sheep and cow camp; and to
provide that the State Tax Commission shall promulgate rules specifying
procedures to establish average crop prices and capitalization rates and
for the publication of crop prices and of the discount rate to be used to
determine the capitalization rate used in calculating the exemption of the
speculative portion of the value of agricultural land.
                                                                        
01/19    House intro - 1st rdg - to printing
01/20    Rpt prt - to Rev/Tax
02/03    Rpt out - rec d/p - to 2nd rdg
02/04    2nd rdg - to 3rd rdg
02/09    3rd rdg - PASSED - 68-0-2
      AYES -- Andersen, Barraclough, Barrett, Bauer, Bayer, Bedke, Bell,
      Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins,
      Crow, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth,
      Eskridge, Field(18), Field(23), Gagner, Garrett, Harwood, Henbest,
      Jaquet, Jones, Kellogg, Kulczyk, Lake, Langford, Martinez, McKague,
      Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart,
      Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali,
      Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smith(24),
      Smylie, Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker
      NAYS -- None
      Absent and excused -- Langhorst, McGeachin
    Floor Sponsor - Wood
    Title apvd - to Senate
02/10    Senate intro - 1st rdg - to Loc Gov
02/12    Rpt out - rec d/p - to 2nd rdg
02/13    2nd rdg - to 3rd rdg
03/02    3rd rdg - PASSED - 28-2-5
      AYES -- Andreason, Bailey, Brandt, Burtenshaw, Calabretta, Cameron,
      Compton(Duncan),  Darrington, Davis, Gannon, Geddes, Goedde, Hill,
      Ingram, Keough, Little, Lodge, Malepeai, Marley, McKenzie,
      Noble(Anderson), Noh, Pearce, Schroeder, Stennett, Sweet, Werk,
      Williams
      NAYS -- Burkett, Kennedy
      Absent and excused -- Bunderson, McWilliams, Richardson, Sorensen,
      Stegner
    Floor Sponsor - Compton(Duncan)
    Title apvd - to House
03/03    To enrol
03/04    Rpt enrol - Sp signed
03/05    Pres signed
03/08    To Governor
03/10    Governor signed
         Session Law Chapter 27
         Effective: 07/01/04

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 477
                                                                        
                             BY REVENUE AND TAXATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE PROPERTY TAX; REPEALING SECTION 63-602DD, IDAHO CODE, RELATING
  3        TO TAXES ON CERTAIN PROPERTY DEFERRED FOR A TIME CERTAIN; AMENDING SECTION
  4        63-303, IDAHO CODE, TO DELETE THE METHOD OF ASSESSMENT FOR  CERTAIN  MANU-
  5        FACTURED HOMES UNDER A DEALER'S PLATE OR AS A SHEEP AND COW CAMP; AMENDING
  6        CHAPTER  6,  TITLE  63,  IDAHO  CODE,  BY  THE  ADDITION  OF A NEW SECTION
  7        63-602DD, IDAHO CODE, TO EXEMPT FROM TAXATION CERTAIN  MANUFACTURED  HOMES
  8        USED  UNDER A DEALER'S PLATE OR AS A SHEEP AND COW CAMP; AND AMENDING SEC-
  9        TION 63-602K, IDAHO CODE, TO PROVIDE THAT THE STATE TAX  COMMISSION  SHALL
 10        PROMULGATE  RULES  SPECIFYING  PROCEDURES BY WHICH IT SHALL ESTABLISH ECO-
 11        NOMIC RENT, AVERAGE CROP RENTAL AND CAPITALIZATION RATES, AND FOR THE PUB-
 12        LICATION OF CROP PRICES AND THE DISCOUNT RATE TO BE USED TO DETERMINE  THE
 13        CAPITALIZATION  RATE TO BE USED IN CALCULATING THE EXEMPTION OF THE SPECU-
 14        LATIVE PORTION OF THE VALUE OF AGRICULTURAL LAND.
                                                                        
 15    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 16        SECTION 1.  That Section 63-602DD, Idaho Code, be, and the same is  hereby
 17    repealed.
                                                                        
 18        SECTION  2.  That  Section  63-303, Idaho Code, be, and the same is hereby
 19    amended to read as follows:
                                                                        
 20        63-303.  ASSESSMENT OF MANUFACTURED HOMES.  Manufactured  homes  shall  be
 21    assessed as other residential housing and such assessments shall be entered on
 22    the  property  roll. except that the following manufactured homes are specifi-
 23    cally exempt from the provisions of this section:
 24        (1)  Manufactured homes eligible to  be  used  under  a  dealer's  license
 25    plate;
 26        (2)  Manufactured homes designated as sheep and cow camps.
                                                                        
 27        SECTION  3.  That  Chapter  6,  Title  63, Idaho Code, be, and the same is
 28    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 29    ignated as Section 63-602DD, Idaho Code, and to read as follows:
                                                                        
 30        63-602DD.  MANUFACTURED  HOMES  USED  UNDER A DEALER'S PLATE OR AS A SHEEP
 31    AND COW CAMP. The following property is  exempt  from  taxation:  Manufactured
 32    homes that are:
 33        (1)  Manufactured  homes  eligible  to  be  used  under a dealer's license
 34    plate; or
 35        (2)  Manufactured homes designated as sheep and cow camps.
                                                                        
 36        SECTION 4.  That Section 63-602K, Idaho Code, be, and the same  is  hereby
 37    amended to read as follows:
                                                                        
 38        63-602K.  PROPERTY EXEMPT FROM TAXATION -- SPECULATIVE PORTION OF VALUE OF
                                                                        
                                           2
                                                                        
  1    AGRICULTURAL LAND. (1) The speculative portion of the value of land devoted to
  2    agriculture is exempt from taxation.
  3        (2)  "Land  devoted  to  agriculture"  shall mean that property defined by
  4    section 63-604, Idaho Code.
  5        (3)  "Speculative portion" shall mean that portion of the value  of  agri-
  6    cultural  land  which  represents the excess over the actual use value of such
  7    land established by comparable sales data compared  to  value  established  by
  8    capitalization of economic rent or long-term average crop rental at a capital-
  9    ization rate which shall be the rate of interest charged by the Spokane office
 10    of the farm credit system averaged over the immediate past five (5) years plus
 11    a component for the local tax rate.
 12        (4)  The  state tax commission shall adopt rules implementing this section
 13    which shall provide the procedure by which it shall establish  economic  rent,
 14    average  crop  rental and capitalization rates and for the publication of crop
 15    prices and the discount rate to be used to determine the capitalization rate.

Statement of Purpose / Fiscal Impact


                     STATEMENT  OF  PURPOSE
                            RS 13450
This bill makes technical amendments and updates to the property
tax statutes. 

Section 1 repeals section 63-602DD, Idaho Code, relating to a
deferral of property taxes from 1997 to 1999 for qualified non-
profit hospitals and medical centers.  The section is no longer
operative.   

Sections 2 and 3.  Provisions relating to exempting manufactured
homes used under a dealer's plate or as a sheep or cow camp are
moved from section 63-303, Idaho Code, (relating to assessments) to
a new section 63-602DD, Idaho Code, (relating to exemptions).  

Section 4 amends section 63-602K, Idaho Code, to require the State
Tax Commission to promulgate rules specifying procedures by which
the Commission establishes and publishes average crop prices,
capitalization and discount rates.  These amounts are used to
determine the exemption of the speculative portion of the value of
agricultural land.  




                         FISCAL  IMPACT
No fiscal effect.



CONTACT   
Name:     Dan John / Ted Spangler
Agency:   Tax Commission
Phone:    334-7530

Statement of Purpose/Fiscal Impact                        H 477